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(영문) 인천지방법원 부천지원 2015.04.10 2015고단423

장물보관등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Seized 1 pairs (Evidence 8) shall be confiscated.

Reasons

Punishment of the crime

1. Larceny;

A. A. On February 17, 2015, the Defendant: (a) around 03:05 on February 17, 2015, the Defendant: (b) reported that the victim was under the influence of alcohol at a e-car owned by the victim D, which was parked in Seocheon-gu, Seocheon-si C; and (c) opened a vehicle, and used the vehicle door, and stolen the Defendant’s Samsung YY4 mobile phone of an amount equivalent to KRW 800,000,000 of the market value of the victim’s ownership at that place with Samsung Galtho-si

B. On February 18, 2015, the Defendant: (a) around 04:00 on February 18, 2015, around 04:0, the Defendant reported that the victim was under the influence of alcohol in the H MT car owned by the victim G, which was parked in Seocheon-si F, Seocheon-si; (b) opened a steering door to the effect that the victim was under the influence of alcohol; and (c) committed theft with the victim’s new credit card, new physical car card, resident registration certificate, driver’s license, cash 1,00 won owned by the victim, and the victim’s market price in that place was at least one million won.

2. On February 18, 2015, the Defendant: (a) around 02:00, on the front of a visual tower located in 297, 297-gil-gu, Seocheon-si; (b) around 25, 2015, the Defendant, despite being aware of the fact that the Defendant was a stolen, kept one of Samsung Ggalle S5 mobile phones at the victim I’s market price, which is equivalent to one million won in his/her name, from the victim I, even though he/she was aware of the fact that it was a stolen, he/she received a request from the purchaser of his/her name, to sell it to the purchaser of his/her mobile

Summary of Evidence

1. Defendant's legal statement;

1. The statement of G police officer;

1.Each statement of D and I,

1. Each protocol of seizure, each list of seizure, and each photograph of seized articles;

1. Application of the Acts and subordinate statutes of photographs at the time of crime, such as site photographs, site photographs, photographs of the suspect taken at the scene, present image of the suspect and the present image of the suspect

1. Relevant provisions of the Criminal Act and Articles 329 and 362 (1) of the Criminal Act (the occupation of stolen and the choice of imprisonment) of the Criminal Act concerning criminal facts;

1. The Criminal Act among concurrent crimes.